General Terms and Conditions for Bicycle Rentals

(automatic translation)

§ 1 Scope of application for bicycle rentals

(1) The following terms and conditions are part of every rental contract between Dresden Information GmbH, Prager Straße 2b, 01069 Dresden (hereinafter: Lessor) and the customer (hereinafter: Lessee).
(2) All rental contracts of Dresden Information GmbH are exclusively based on these Terms and Conditions.
(3) Dresden Information GmbH does not recognise any deviating terms and conditions of the Lessee.

§ 2 Calculation and prices

(1) The services of Dresden Information GmbH shall be invoiced in accordance with the valid prices.
(2) Payment shall be made in advance. No money will be refunded if the rental is cancelled, e.g. due to bad weather, illness, unwillingness or similar.

§ 3 Usage regulations

(1) The rental bicycles may not be used:
(a) by persons younger than 16 years of age (except when accompanied by an adult)
(b) by passengers (infants may only ride in a child seat)
(c) drivers under the influence of alcohol and/or drugs.
(2) The renter is obliged to comply with the rules of the road traffic regulations (StVO).
(3) It is not permitted to use the transport basket of the rented bicycle in an improper manner, in particular to exceed the permissible load of 5 kilograms.
(4) It is prohibited to tamper with or modify the rental bike.

§ 4 Handover of the bicycle/condition of the rented bicycle

(1) The renter takes over the bicycle against signature and acknowledges by taking over the rented bicycle that it is in a roadworthy, roadworthy, defect-free and clean condition together with its accessories.
(2) The Hirer is obliged to treat the bicycle with care and in accordance with the Rental Firm’s instructions and to observe all regulations and laws governing its use.
(3) The bike will only be handed over on presentation of a valid identity card or passport.
(4) The signature of the renter must be made exclusively before use, otherwise the use of a rental bike is prohibited, a subsequent signature is not valid.
(5) Before use, the customer must familiarise himself/herself with the operation of the rental bike.
(6) Dresden Information GmbH endeavours to keep all rental bicycles in roadworthy condition at all times. Should a customer notice that a bicycle he/she has rented is no longer in a roadworthy condition, he/she is obliged to inform Dresden Information GmbH immediately about the defect.

§ 5 Parking of the rented bicycle

(1) The customer undertakes to comply with the rules of the Road Traffic Regulations (StVO) whenever parking a rental bicycle.
(2) The rental bicycle must always be locked to a fixed object on the frame, even if the customer is only parking it temporarily.
(3) Bicycle bags and bicycle baskets must always be removed.
(4) Tandems and eBikes must be parked in a locked room at night.

§ 6 Rental period, return of bicycles

(1) The rental period is based on the period agreed at the time of booking. A calendar day is always a rental day, regardless of how many hours the bicycle was rented from a calendar day.
(2) The return of the bicycle shall take place exclusively at the place where the bicycle is handed over.
(3) At the end of the rental period, the Hirer is obliged to return the bicycle to the place of collection in a faultless, clean condition suitable for rental.
(4) Any damage or defects must be reported to the Lessor immediately upon return.
(5) The Lessor is entitled, within 2 working days of the return of the bicycle, to complain to the Lessee about any defects that have occurred and for which the Lessee is liable.
(6) The Hirer is obliged to return the bicycle by midnight on the last day of the rental period. If the bicycle is not returned on time, Dresden Information GmbH will charge a fee of € 25 per hour or part thereof.
(7) If the bicycle becomes inoperable due to improper handling or wear and tear during the rental period, the renter is obligated to return the bicycle to the pick-up location and promptly report the damage to Dresden Information GmbH.

§ 7 Liability of the renter

(1) In case of damage the renter has to inform the lessor immediately.
(2) The renter is liable for all fines and penalties in connection with his use of the bicycle for which the lessor is held liable.
(3) The renter’s liability insurance or the renter himself/herself shall cover all damage to the legal property of third parties.
(4) The renter is liable for theft and damage to the bicycle, even in cases of only slight negligence. Repair costs, as well as any loss of rental income and the cost of spare parts, will be invoiced to the tenant. In the event of complete destruction of the rental object, the tenant is liable, and the current value of the rental object will be calculated.
All spare parts will be charged at standard prices plus labor costs and must be settled on-site.
The loss or damage of accessory items will be calculated as follows:
Bicycle key: €15
Bicycle lock: €55
Waterproof bicycle bags: €40

§ 8 Liability of the lessor

(1) Any liability of Dresden Information GmbH due to the violation of its contractually regulated obligations is limited to intent and gross negligence including intent and gross negligence of representatives and vicarious agents.
(2) Dresden Information GmbH shall only be liable for injury to life, body and health, in the event of a breach of essential contractual obligations and in the event of mandatory liability under the Product Liability Act, even in the event of slight negligence. In this case the liability is limited to the compensation of the contract-typical foreseeable damages.
(3) The use of the services of Dresden Information GmbH is at the customer’s own risk. Damages caused by the customer – e.g. due to excessive torques or tyre damages – shall be borne by the customer. Dresden Information GmbH is not liable for damage to objects transported with the rented bicycle. We are not liable for repairs carried out in third-party workshops during the rental period.
(4) The liability of the rental company for unforeseeable and remote damages is excluded with the exception of intent and gross negligence, as far as the damage does not cause bodily injury to the renter.

§ 9 Conduct in the event of an accident/theft

(1) The Hirer is obliged to notify the Rental Firm immediately by telephone if the bicycle has been involved in an accident or if it has been lost through theft.
(2) In the event of an accident, a truthful written account of the course of the accident must be given to the Rental Firm. The Hirer or his driver shall be obliged to record the personal details and addresses of all parties involved in the accident and witnesses, furthermore the time, place and street of the occurrence of the accident as well as the registration numbers of the vehicles involved in the accident. In the event of accidents and theft, the police must always be informed.
(3) There is no entitlement to a replacement bicycle, no entitlement to delivery.

§ 10 Data protection

(1) Dresden Information GmbH is entitled to store the personal data of the customer. Dresden Information undertakes to use this data exclusively in accordance with the provisions of the Federal Data Protection Act.
(2) Dresden Information GmbH is entitled to pass on information about the customer, in particular the address, to authorities to the extent necessary, should the authority prove the initiation of administrative offence or criminal proceedings.

§ 10 Exclusion of liability

(1) The hirer is responsible for compliance with the road traffic regulations. Each hirer and each participant in a guided bicycle tour is responsible for ensuring that he or she is in good health to meet the requirements. The use of the rented items is at the renter’s own risk. Each user bears sole responsibility under civil and criminal law for all damage caused by him or her or the rented item used by him or her. With their signature, users declare the waiver of claims of any kind for damages against the lessor.
(2) Dresden Information GmbH shall not be liable for any disruption of services, personal injury or damage to property in connection with services that are merely arranged as third-party services (e.g. visits to exhibitions, sightseeing tours, transport services to and from the advertised place of departure and destination).
(3) Dresden Information GmbH is not liable for improper installation of the bicycle transport rack on the trailer coupling. The tight fit must be checked before each journey.

§ 11 Miscellaneous

(1) Both contracting parties may terminate the contract at any time.
(2) German law shall apply. The place of jurisdiction for all disputes arising from the use of the services of Dresden Information GmbH in connection therewith shall be Dresden.
(3) Verbal side agreements do not exist.
(4) The legal invalidity of individual parts and provisions of these General Terms and Conditions shall not otherwise affect their validity. Should any provision of the General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a legally permissible provision that comes as close as possible to the meaning and purpose of the invalid provision.
(5) In case of a violation of the rental terms and conditions, the limitation of liability is not valid.